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Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4349
<br /> I eligible schools 36 as likely to be responsive to the harms interpretive framework discussed above,
<br /> disproportionately impacted and identified. That is,as the group of including presumptions of groups
<br /> responsive services that support the entities being served by a program has disproportionately impacted,as well as
<br /> school generally or support the whole a wider set of fact patterns, or the type the ability to identify other
<br /> school as eligible of entities,their circumstances,or their disproportionately impacted
<br /> c. Standards for Identifying Other pandemic experiences differ more populations,households, or geographies
<br /> Eligible Populations substantially,it may be more difficult to (referred to here as disproportionately
<br /> determine that the class has actually impacted classes).
<br /> Standards:Designating Other Impacted experienced the same or similar As discussed in the interim final rule,
<br /> Classes negative economic impact and that the in identifying other disproportionately
<br /> Public Comment:Treasury received response is appropriately tailored to impacted classes,recipients should be
<br /> multiple comments requesting address that impact. able to support their determination that
<br /> additional clarification about how Standard:Designating Other the pandemic resulted in
<br /> classes of impacted individuals may be Disproportionately Impacted Classes disproportionate public health or
<br /> designated,as well as questions asking economic outcomes to the specific
<br /> Summary of Interim Final Rule:As populations,households, or geographic
<br /> whether recipients must demonstrate a specific public health or negative noted above,the interim final rule areas to be served.For example,the
<br /> provided a broad set of enumerated interim final rule considered data
<br /> economic impact to each entity served eligible uses of funds in regarding the rate of COVID-19
<br /> (e.g., each household receiving disproportionately impacted infections and deaths in low-income
<br /> assistance under a program). There were several comments requesting that communities,including to address pre- and socially vulnerable communities,
<br /> existing disparities that contributed to noting that these communities have
<br /> specific geographic designations,like a more severe pandemic impacts in these experienced the most severe health
<br /> county or Impact Zone,be eligible to communities. The interim final rule impacts, compared to national averages.
<br /> use as a determining boundary. presumed that these services are eligible Similarly,the interim final rule
<br /> Treasury Response:The interim final uses when provided in a QCT,to considered the high concentration of
<br /> rule allowed,and the final rule families and individuals living in QCTs, low-income workers performing
<br /> maintains,the ability for recipients to or when these services are provided by essential work,the reduced ability to
<br /> demonstrate a public health or negative Tribal governments.Recipients may also socially distance,and other pre-existing
<br /> economic impact on a class and to provide these services to "other public health challenges,all of which
<br /> provide assistance to beneficiaries that populations,households, or geographic correlate with more severe COVID-19
<br /> fall within that class. Consistent with areas disproportionately impacted by outcomes. The interim final rule also
<br /> the scope of beneficiaries included in the pandemic" and,in identifying these considered the disproportionate
<br /> sections 602(c)(1)(A) and 603(c)(1)(A) of disproportionately impacted economic impacts of the pandemic,
<br /> the Social Security Act,Treasury is communities,should be able to support citing,for example,the rate of job losses
<br /> clarifying that a recipient may identify their determination that the pandemic among low-income persons as compared
<br /> such impacts for a class of households, resulted in disproportionate public to the general population. The interim
<br /> small businesses, or nonprofits.In such health or economic outcomes to the final rule then identified QCTs,a
<br /> cases,the recipient need only group identified. common,readily accessible, and
<br /> demonstrate that the household,small Public Comment:A significant geographically granular method of
<br /> business, or nonprofit is within the number of commenters expressed identifying communities with a large
<br /> relevant class.For example,a recipient uncertainty regarding the process for proportion of low-income residents, as
<br /> could determine that restaurants in the determining eligibility for presumed to be disproportionately
<br /> downtown area had generally disproportionately impacted impacted by the pandemic.
<br /> experienced a negative economic impact communities beyond QCTs. A In other words,the interim final rule
<br /> and provide assistance to those small commenter noted that a clearer identified disproportionately impacted
<br /> businesses to respond.When providing definition of"disproportionately populations by assessing the impacts of
<br /> this assistance,the recipient would only impacted" should be delineated and the pandemic and finding that some
<br /> need to demonstrate that the small that any definition should include populations experienced meaningfully
<br /> businesses receiving assistance were communities of color and people of more severe impacts than the general
<br /> restaurants in the downtown area.The limited means. Some commenters public. Similarly,to identify
<br /> recipient would not need to suggested a template or checklist to see disproportionately impacted classes,
<br /> demonstrate that each restaurant served if an area meets the standard for recipients should compare the impacts
<br /> experienced its own negative economic disproportionately impacted experienced by that class to the typical
<br /> impact. communities outside of QCTs. Some or average impacts of the pandemic in
<br /> In identifying an impacted class and commenters stated that QCT and non- their local area, state, or nationally.
<br /> responsive program,service, or capital QCT beneficiaries should be treated the Recipients may identify classes of
<br /> expenditure,recipients should consider same. households,communities, small
<br /> the relationship between the definition Treasury Response:Under the interim businesses,nonprofits,or populations
<br /> of the class and proposed response. final rule,presuming eligibility for that have experienced a
<br /> Larger and less-specific classes are less services in QCTs,for populations living disproportionate impact based on
<br /> likely to have experienced similar in QCTs,and for Tribal governments academic research or government
<br /> harms and thus the responses are less was intended to ease administrative research publications,through analysis
<br /> burden,providing a simple path for of their own data, or through analysis of
<br /> 36 Title I eligible schools means schools eligible to recipients to offer services in other existing data sources. To augment
<br /> receive services under section 1113 of Title I,Part underserved communities,and is not an their analysis, or when quantitative data
<br /> A of the Elementary and Secondary Education Act exhaustive list of disproportionately is not readily available,recipients may
<br /> of 1965,as amended(20 U.S.C.6313),including
<br /> schools served under section 1113(b)(1)(C)of that impacted communities.To further also consider qualitative research and
<br /> Act. clarify,the final rule codifies the sources like resident interviews or
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